Fury over payment by Melbourne men to avoid rape trial in Croatia

Three Melbourne men who pleaded guilty to gang raping a 17-year-old backpacker in Croatia but avoided a trial by paying $30,000 have sparked fierce debate about making financial settlements with victims of sexual assault.

Fairfax Media can reveal that Dylan Djohan, 23, Ashwin Kumar, 23, and Waleed Latif, 21, all from Melbourne, were handed a one-year prison sentence, which was then immediately commuted to a five-year good behaviour bond.

Dylan Djohan, who was among three men who recently returned from Croatia after pleading guilty to rape. Photo: Picture sourced from social media

Croatian women's rights campaigner Sanja Sarnavka said the state prosecutor should not have sanctioned a financial settlement for a charge of rape, which carries a 15-year prison sentence in Croatia.

"If they can afford it, those who are indicted will pay for the best lawyers, pay the damages and receive a minimum sentence or even go free. In a democratic state, everyone should have the same treatment, regardless of their wealth or assets," Ms Sarnavka told Croatian media last month.

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Ms Sarnavka defended the victim's decision to accept payment to avoid a protracted trial and relive the horrific encounter.

Just days after the deal to secure his freedom, Mr Djohan raised on Instagram about the possibility of joining the "mile-high club" with an airline stewardess before boarding a flight to Melbourne.

The barman and part-time model from Sunbury claims to have had an epiphany while sitting on a stone wall in Dubrovnik, where he was told by a "soft voice" that his purpose in life was to "bed heavenly blessed beauties".

Mr Djohan has regularly extolled the virtues of body building to his thousands of Instagram followers.

"4 days into my Adonis shred and these cuts are coming in deeper than the Baltic seas. My gift from the gods was this blessed block of heathen marble ... My curse from the gods is that I must sculpt it with my bare hands," Mr Djohan said.

The 23-year-old announced his return to Melbourne to his 1778 facebook friends on February 3, after almost seven months awaiting trial in Croatia with Mr Kumar and Mr Latif.

The three young men were part of a larger group, which left Melbourne in June to party on Spanish party island Ibiza, before heading to Croatia for the Ultra Music Festival in early July 2015.

Their European adventure unravelled dramatically about 1.30am on July 16, where the the three Melburnians drank at a bar overlooking Bacvice Beach in Split.

Prosecutors claimed the men plotted to rape the the girl before one of them dragged her to the toilets. The other men followed and joined the assault.

While a doctor's report found that intercourse had taken place, two of the men claimed the sex was consensual, while another claimed he was not involved.

According to a Croatian source with access to the court file, the prosecution case against the three Melbourne men was not strong.

The girl had been drinking with the men before the attack. Most witness statements are understood to have supported the Australians' account of the evening, while staff and security at the venue did not report any incident on the night.

Mr Djohan, Mr Kumar and Mr Latif did not respond to requests for comment from Fairfax Media.